Failure to Maintain Lane as Probable Cause for a Stop
New Jersey's Appellate Division just published its decision in State v. Woodruff, a case involving a traffic stop based on alleged failure to maintain lane. Following the stop, the accused was arrested for Driving While Intoxicated and an assortment of other motor vehicle offenses.
The Appellate Division was called upon to determine whether the stop of the defendant, which was purportedly based on failure to maintain lane, was valid. The general standard for such a stop is whether there exists reasonable and articulable suspicion to believe a traffic violation has occurred. In applying this standard, the Court dismissed defense arguments that a violation only occurs where safety is threatened. More specifically, it was held that "reasonable suspicion" exists where a motorist veers into the shoulder for no obvious reason.
The overall flavor of the decision is that reasonable and articulable suspicion to support a stop for failure to maintain lane exists where an individual leaves his lane of traffic for no apparent reason. This type of standard is problematic from the perspective of a defense lawyer since, for example, in-car cameras only come into play when an officer activates his lights and makes the decision to stop a vehicle. What happens prior to this point shall continue to be a matter for thorough cross-examination. A seasoned defense lawyer will continue to be the best weapon in challenging a weak stop.
